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2010 DIGILAW 3007 (MAD)

M. Rajendran v. S. Bhuvaneswari Ammal

2010-07-22

M.JAICHANDREN

body2010
Judgment :- 1. The Second Appeal has been filed against the judgment and decree, dated 15.12.2005, made in A.S.No.19 of 2005, on the file of the Principal Subordinate Court, Thiruvannamalai, confirming the judgment and decree, dated 8.7.2004, made in O.S.No.284 of 2001, on the file of the Additional District Munsif Court, Thiruvannamalai. 2. When the second appeal was taken up for hearing, a memo of compromise, dated 21.7.2010, signed, both by the parties and the counsels appearing on their behalf, has been filed before this Court requesting that the second appeal may be disposed of and a decree may be passed in the second appeal in terms of the said memo of compromise. 3. The memo of compromise, dated 21.7.2010, reads as follows:- "MEMO OF COMPROMISE Whereas the first respondent/plaintiff herein has filed O.S.No.284 of 2001 on the file of the District Munsif Court, Thiruvannamalai, seeking for declaration that a. declaring that the Court auction sale in execution of the decree in O.S.No.261 of 1999 on the file of the Sub Court, Tiruvannamalai, is in fraud of creditors tainted with fraud, is inopertive and cannot confer any title with the third defendants. b. or in the alternative that if for any reasons, this Honble Court comes to the conclusion that the Court auction sale is execution of the decree in O.S.No.261 of 1999 on the file of the Sub Court, Tiruvannama1ai is not tainted with fraud, applying principles of priority to declare that the title of the third defendant over the suit properties are subject to answerable to the liabilities covered and subject matter of suit in O.S.No.210 of 1999 on the file of the Sub Court, Tiruvannama1ai. c. granting a permanent injunction restraining the third defendant, all his men, servants, agents etc from in any manner alienating or encumbering the suit properties till the suit claim in O.S.No.210 of 1999 is fully discharged. WHEREAS the appellant is the Court auction purchaser in the Court auction of sale in execution of the decree in O.S.No.261 of 1999. WHEREAS the first respondent herein has filed O.S.No.210 of 1999 on the file of the Sub Court, Tiruvannama1ai for recovery of sum of Rs.6,00,000/- from the second respondent herein. WHEREAS O.S.No.284 of 2001 was decreed as prayed by the Honble District Munsif Court, Tiruvannama1ai by judgment and decree dated 8.7.2004. WHEREAS the first respondent herein has filed O.S.No.210 of 1999 on the file of the Sub Court, Tiruvannama1ai for recovery of sum of Rs.6,00,000/- from the second respondent herein. WHEREAS O.S.No.284 of 2001 was decreed as prayed by the Honble District Munsif Court, Tiruvannama1ai by judgment and decree dated 8.7.2004. WHEREAS the appellant herein has filed A.S.No.19 of 2005 on the file of the Principal Sub Court, Tiruvannama1ai against the judgment and decree dated 8.7.2004 made in O.S.No.284 of 2001. WHEREAS the Principal Sub Court, Tiruvannama1ai by judgment and decree dated 15.12.2005 had dismissed A.S.No.19 of 2005 and confirmed the judgment and decree dated 8.7.2004 in O.S.No.284 of 2001. WHEREAS the appellant herein has filed S.A.No.606 of 2007 challenging the judgment and decree dated 8.7.2004 made in A.S.No.19 of 2005. WHEREAS pending S.A.No.606 of 2007 the appellant herein has paid the entire amount payable by the second respondent herein as per the judgment and decree .......... made in O.S.No.210 of 1999 on the file of the Honble Sub Court, Tiruvannama1ai. In consideration of the same, the first respondent herein has agreed to relinguish all the rights that have accrued to him in consonance of the judgment and decree dated 8.7.2004 in O.S.No.284 of 2001 and acknowledge the title of the appellant pursuant to the Court auction sale and the respondents 2 and 3 in consideration of the same also agreed to acknowledge the title of the appellant herein pursuant to the Court auction sale. Accordingly, the appellant and the respondents herein has entered into the compromise as follows: 1. The first respondent herein acknowledging the receipt of a sum of Rs.5,00,000/-(Rupees Five lakhs only) towards the decree amount payable to her as per the judgment and decree .... made in O.S.No.210 of 1999. 2. The first respondent herein hereby acknowledges the validity of the Court auction sale in execution of decree in O.S.No.261 of 1999 on the file of the Sub Court, Tiruvannama1ai. 3. The second and third respondents herein acknowledge the validity of the Court auction sale in execution of decree in O.S.No.261 of 1999 on the file of the Sub Court, Tiruvannama1ai and the title of the appellant herein in the suit property. 3. The second and third respondents herein acknowledge the validity of the Court auction sale in execution of decree in O.S.No.261 of 1999 on the file of the Sub Court, Tiruvannama1ai and the title of the appellant herein in the suit property. It is therefore prayed that this Honble Court may be pleased to record the said compromise and allow the S.A.No.606 of 2007 and dismiss the O.S.No.284 of 2001 on the file of the Honble District Munsif, Tiruvannama1ai and thus render justice." 4. Recording the above memo of compromise, dated 21.7.2010, the Second Appeal is disposed of on the above terms. The above said memo of compromise shall form part of the decree. No costs. Consequently, connected M.P.No.1 of 2007 is closed.